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PEOPLE v. LUGO

No. 2-07-0296.

910 N.E.2d 767 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joe H. LUGO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied July 14, 2009.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Darren E. Miller (both Court-appointed), Office of the State Appellate Defender, Elgin, for Joe H. Lugo.

Joseph E. Birkett, Du Page County State's Attorney, Lisa Anne Hoffman, Assistant State's Attorney, Wheaton, Lawrence M. Bauer, Deputy Director, Marshall M. Stevens, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Presiding Justice ZENOFF delivered the opinion of the court:

This appeal presents the question of whether the proof of mailing requirements of Supreme Court Rule 373 (155 Ill.2d R. 373) can be satisfied by a postmark affixed to an envelope taped to the back of a notice of appeal. We conclude that it cannot.

BACKGROUND

Defendant, Joe H. Lugo, was indicted on three counts of solicitation of murder for hire (720 ILCS 5/8-1.2(a) (West 2000)). On May...

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